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2016 Supreme(SC) 299

J.CHELAMESWAR, A.M.SAPRE
Rajesh Verma – Appellant
Versus
Ashwani Kumar Khanna – Respondent


JUDGMENT :

Abhay Manohar Sapre, J.

1. Delay in filing special leave petition is condoned. Leave granted.

2. This appeal is filed against the final judgment and order of the High Court of Delhi at New Delhi dated 03.12.2015 and 19.02.2016 in Arbitration Petition No. 434 of 2015 and I.A. No. 754 of 2016 in Arbitration Petition No. 434 of 2015 respectively whereby the learned Single Judge of the High Court allowed Arbitration Petition No. 434 of 2015 and dismissed I.A. No. 754 of 2016 in Arbitration Petition No. 434 of 2015 seeking change of the named arbitrator.

3. In order to appreciate the short issue involved in the appeal, it is necessary to state few relevant facts.

4. The appellant is an owner/landlord of the shop measuring 153.58 sq. feet situated at 1729, Gali No. 5, Govind Puri Extension, Kalkaji, New Delhi-110019 whereas the respondent was the appellant's tenant of the shop in question at a monthly rent of Rs.175/- since July 1977.

5. On 31.10.2014, the appellant and the respondent claimed to have entered into an agreement whereby it was inter alia agreed that the appellant on respondent's vacating the shop would demolish the shop and construct the new one in its place on or befo














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